GREENCASTLE -- A sentence modification has been denied for a Parke County man convicted in connection with a Putnam County burglary.
Kyle Poynter, 21, will remain in jail, where he has been since April. Poynter was convicted of Class C felony burglary on Feb. 21, 2008. He was given a four-year Department of Correction sentence with two years executed on home detention.
This was the second time since his September sentencing that Poynter has filed a request for a sentence modification.
Poynter was charged with Class A misdemeanor carrying a handgun without a license on April 3, and was arrested on April 29 and charged with violating his probation.
On Sept. 14, the balance of Poynter's sentence -- one year, eight months and 23 days -- was reinstated.
On Nov. 12, Poynter filed the first of his petitions for sentence modification. Bridges denied that request on Nov. 18 without a hearing.
Poynter filed the second petition for modification on Nov. 30 in the form of a letter.
"This letter, if to be interpreted as a petition for sentence modification, states no grounds for relief," Putnam County Chief Deputy Prosecutor Justin Long said in his objection to the second modification request. "It contains self-serving statements. It also states arguments that should have been raised at sentencing regarding mitigating factors."
This was not the first time Poynter violated his probation. According to court records, he committed domestic battery in August 2008, and was sentenced to time served for that violation on Dec. 19, 2008.
He was then put back on home detention.
"The defendant benefited greatly from his original plea, and still violated probation twice afterwards," Long said. "His criminal past leaves the state with little confidence that he will be a productive member of society if released."
Poynter may be transferred to a DOC facility. His earliest possible release date is listed as July 22, 2010.